Vermont Statutes Annotated

Vt. Stat. Ann. tit. 23, § 671 (2026)

✓ current as of May 2026
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Subchapter 003 : SUSPENSION AND REVOCATION

(Cite as: 23 V.S.A. § 671)
Notes of Decisions
Cited in 6 cases, 1977–2020 · leading case: State v. Cady, 383 A.2d 607 (Vt. 1978).
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State v. Cady, 383 A.2d 607 (Vt. 1978). · cites it 8× “In the statutory provisions in which the Legislature used the phrase "right to operate," it was either defining the ministerial act of "suspen[sion]" (23 V.S.A. §§ 671, 671a, 1206, 1208 [2] ) or the consequences of driving while subject to such suspension.”
Calabi v. Conway, 468 F. Supp. 76 (D. Vt. 1978). · cites it 5× “The Commissioner of Motor Vehicles also reserves the right to suspend your license in accordance with the provisions of 23 V.S.A. § 671(a), but in that case you would have the opportunity for a hearing if requested.”
Bauer v. Malloy, 376 A.2d 17 (Vt. 1977). · cites it 4× “§ 671(a), which provides as follows: (a) In his discretion, the commissioner may suspend indefinitely or for a definite time, the license of an operator or the right of an unlicensed person to operate a motor vehicle upon not less than five days’ notice. He may order the license…”
Erno v. Comm'r of Motor Vehs., 587 A.2d 409 (Vt. 1991). “The Commissioner interprets § 3905 to apply both substantively and procedurally, arguing that since there is no right to a presuspension hearing for subsequent Vermont DUI convictions, 23 V.S.A. § 671(e), there is none for out-of-state convictions from participating…”
Kittredge v. State (Vt. Super. Ct. 2020). · cites it 2× “Additionally, she argues that the Commissioner erred in relying on evidence of pending criminal cases in violation of 23 V.S.A. § 671(c) & (d). As to incompetency, she submits that the medical reports admitted below rebut any claim of incompetence.”
State v. Trask, 533 A.2d 1185 (Vt. 1987). “§ 801, or has accumulated at least ten moving violation points in a two-year period under chapter 25 of Title 23 of Vermont Statutes Annotated. Although it would, of course, have been preferable to have no statement beyond the fact of suspension, the possibility of improper…”
— Vt. Stat. Ann. tit. 23, § 671(a) — 3 cases
Calabi v. Conway, 468 F. Supp. 76 (D. Vt. 1978). “The Commissioner of Motor Vehicles also reserves the right to suspend your license in accordance with the provisions of 23 V.S.A. § 671(a), but in that case you would have the opportunity for a hearing if requested.”
Bauer v. Malloy, 376 A.2d 17 (Vt. 1977). “§ 671(a), which provides as follows: (a) In his discretion, the commissioner may suspend indefinitely or for a definite time, the license of an operator or the right of an unlicensed person to operate a motor vehicle upon not less than five days’ notice. He may order the license…”
State v. Cady, 383 A.2d 607 (Vt. 1978). “In the statutory provisions in which the Legislature used the phrase "right to operate," it was either defining the ministerial act of "suspen[sion]" (23 V.S.A. §§ 671, 671a, 1206, 1208 [2] ) or the consequences of driving while subject to such suspension.”
— Vt. Stat. Ann. tit. 23, § 671(c) — 2 cases
Calabi v. Conway, 468 F. Supp. 76 (D. Vt. 1978). “The Commissioner of Motor Vehicles also reserves the right to suspend your license in accordance with the provisions of 23 V.S.A. § 671(a), but in that case you would have the opportunity for a hearing if requested.”
Kittredge v. State (Vt. Super. Ct. 2020). “Additionally, she argues that the Commissioner erred in relying on evidence of pending criminal cases in violation of 23 V.S.A. § 671(c) & (d). As to incompetency, she submits that the medical reports admitted below rebut any claim of incompetence.”
— Vt. Stat. Ann. tit. 23, § 671(e) — 1 case
Erno v. Comm'r of Motor Vehs., 587 A.2d 409 (Vt. 1991). “The Commissioner interprets § 3905 to apply both substantively and procedurally, arguing that since there is no right to a presuspension hearing for subsequent Vermont DUI convictions, 23 V.S.A. § 671(e), there is none for out-of-state convictions from participating…”
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